KASHMERI DEVI Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) By means of this application moved under Section 439(2) of the Code of Criminal Procedure, 1973 Smt. Kashmeri Devi wd/o Gopi Ram (deceased) prays for the cancellation of the bail already granted to respondents No. 2 and 3 who are Sub-Inspectors of Police (under suspension) of Police Station Patel Nager, New Delhi. They were granted bail <PG>2</PG> on 2-9-1986 by Shri V.S. Aggarwal, Additional Sassions Judge in the case FIR 336 of 1986 under Sections 304/342/34 Indian Penal Code of Police Station Patel Nagar-. Another co-accused Constable Jagmal Singh was declined bail on 5-9-1986 by Shri S.M. Aggarwal, Additional Sessions Judge but he was subsequently granted bail by Shri N.C. K.ochhar, Sessions Judge (as his Lordship then was) palpably on the ground that when his two co-accused with higher status had been granted bail , bail should not be denied to him.

(2.) The first information report in this case has been recorded on the statement of one Sudesh Kumar according to whom on the night of occurance he was sleeping in his house at about 10.45 P.M. on 22-8-1986 when respondents 2 and 3 Sub-Inspectors Satish Kadian and Inder Singh Rana along with two constables came there and without any enquiry or reason started beating him. On hearing the noise his maternal uncle Gopi Ram (deceased) also came there but those police officers also started giving beating to him without any enquiry and both of them were then taken to police station Patel Nagar and they were beaten there also with iron rods and dandas. Gopi Ram died as a result of that beating.

(3.) It is alleged that in order to save themselves against the murder charge these police officers destroyed the evidence against them by cremating the body of the petitioner's husband at the cremation ground without handing over the same to the petitioner-wife or his kith and kin and also forged certain documents with the help of Sudesh Kumar who was pressurised to put his thumb impression on the manipulated statement before the doctor of Ram Manohar Lohia Hospital, at post-mortem centre as well as at the cremation ground, showing that the body of the deceased was brought by him when in fact it had been brought by the respondents/Sub Infpectors of police and their co-accused police officials and that the threat held out by them to Sudesh Kumar was that he would also be killed like his maternal uncle in case he did. not state before the doctors according to their dictates. It is further alleged that Sudesh Kumar being in police custody and under the terrible shock of the cruel death of his maternal uncle at the hands of these police officers which scene of beating to death had been witnessed by him and as he was also the victim of cruel beating by those police officers, yielded to their threat and gave statements according to their dictates before the doctors or at the cremation ground wherever these police officers desired him to make statement. It is further alleged that in view of the aforesaid threat and the aforesaid circumstances through which he was passing he was accordingly made to state before the doctor of Ram Manohar Lohia Hospital that he had brought the body of the deceased from the park where he had been beaten to death by some other persons as he was addicted to taking ganja etc. He was then made to make a similar statement before the officials at post mortem centre and also made to sign in the register kept at the cremation ground in order to show that he had brought the dead body to the cremation ground.